Employee or independent contractor

[anontofu]

As an articling student, are you considered an employee or independent contractor? Does this depend on the firm? 

[QueensDenning]

I’m fairly certain that articling students are employees. But professions such as law are exempt from many of the protections provided by employment standards legislation (ie, overtime pay). 
 

edit: Google says articling students are classified as “students” that are not protected by the Employment Standards Act, according to the LSO. Don’t really know what that means. But I don’t see how articling students could be classified as independent contractors. 

Edited February 18, 2022 by QueensDenning

[123]

I mean, we can't give legal advice here. But if you look at the responsibilities of an articling principal, how possible does it seem for the principal to have an absence of control over their articling student's work, to allow their students to profit or lose money on files, and to not integrate their students' work into their practice? 

Edited February 18, 2022 by realpseudonym

[Rashabon]

2 hours ago, QueensDenning said:

I’m fairly certain that articling students are employees. But professions such as law are exempt from many of the protections provided by employment standards legislation (ie, overtime pay). 
 

edit: Google says articling students are classified as “students” that are not protected by the Employment Standards Act, according to the LSO. Don’t really know what that means. But I don’t see how articling students could be classified as independent contractors. 

https://www.ontario.ca/laws/regulation/010285

Exemptions re Various Parts of Act

Exemptions from Parts VII to XI of Act

2. (1) Parts VII, VII.1, VIII, IX, X and XI of the Act do not apply to a person employed,

(a)  as a duly qualified practitioner of,

(ii)  law,

 

(e)  as a student in training for an occupation mentioned in clause (a), (b), (c) or (d);

[Zarathustra]

Students are definitely employees at common law.

Edited February 18, 2022 by Zarathustra

[PzabbytheLawyer]

This is veering dangerously into legal advice territory here. @Ryn? @Hegdis?

Edited February 18, 2022 by PzabbytheLawyer

[ZineZ]

This is definitely on the border of legal advice, and I'm locking it for now. Going to have a chat with the rest of the mod team, but in case a conversation doesn't continue - it's because the question + conversation veered too much on the wrong side of the divide. FWIW - if it wasn't related to law students, this would have likely been an instant lock.